Drawing Blood - Drawing Ire

I should throw my hands up in gratitude for being retired from the Houston Police Department after reading, Police Train To Draw Suspect’s Blood , on the KPRC website. I’d seen a blurb in passing last night, enough to catch my attention and yet not enough to say I’d been informed; I’d hoped my ears had played a trick on me, they had not.

“Houston police confirm plans for the program, but have not released specific details. A department spokesperson said the officers will be trained in the upcoming weeks.”

I hope the City does a better job of researching the liabilities sure to follow before implementing this new policy of police officers drawing suspect’s blood by force. State law already provides a stipulation on DWI or DUI cases whereby a suspect’s refusal to supply a breath or blood sample results in the automatic suspension of a driver’s license. Such a refusal amounts to the same thing as failure of the offered test. How would forcing a suspect to provide such a sample improve the prosecution of such a case; the answer, it would not.

There are concerns by many, myself included, that such forced body samples constitutes an unreasonable search and seizure. Beyond than, what about the civil litigation which might follow; non-medical personnel taking body samples, injuries related to such forced samples both immediate or those which might become evident at some later date, traumatic injuries either claimed or real and the list is nearly endless.

Let me help with writing the new Manuel which covers forced blood sample procedures for the Houston Police Department:

After having observed the suspect to ascertain probable cause for stopping said suspect for DUI or DWI and after having pulled the suspect’s vehicle over safely ( see SOP for safe traffic stops ),

Drag suspect from vehicle using approved techniques (see SOP for approved take down techniques).

Perform field sobriety tests ( see SOP for approved field sobriety tests).

If suspect fails test, offer suspect new field blood test. If suspect refuses, knock suspect to ground, position boot on suspect’s throat while making sure not to completely render suspect unconscious or dead; remember dead suspects require additional paperwork. Minor injuries are to be expected as a result of resisting arrest; don’t fret the small stuff, you’re covered because we have a strong employee’s union.

Insert needle in suspect’s arm, leg, neck or what ever is available; we’re not doctors or even trained medical personnel so don’t let minor issues get in the way of obtaining evidence.

In the event you accidentally get pricked you will need to fill out additional forms for Injury on Duty; don’t get pricked, Hepatitis and AIDS can be fatal.

If for any reason the suspect sues the City of Houston or the Department you will be out on the limb all by yourself, just as with any other law suit. It will be shown that you were incompetent or failed to comply with the SOP’s which you were supplied with and signed for. You will be suspended for failure to show or use good judgment and left hanging in the breeze.

Why would the City of Houston or the Department expose the citizens of Houston to any litigation which could bankrupt everyone? What is to be gained by such an asinine approach to law enforcement; remember, State law already provides a guaranteed conviction when an officer, based solely on his/her field observations and experience, when he/she fills out a refusal form for either a breath or body fluid request. The reasonable doubt required to obtain a conviction has already been met, why subject anyone to an invasion of their body, with or without warrant?

Before leaving this topic; why include a provision that considers obtaining bodily fluids from any suspect “without a warrant”? Maybe Chief Hurtt wants to change the image of HPD; you know, from Houston’s Finest to Houston’s Gestapo.

We don’t need that old image, the one which works on the premise of following the Constitution; it’s become so inhibiting and inefficient. There are sweeping changes in America; Chicago style politics are firmly entrenched in Washington, ACORN and SEIU have set the example of thuggery, a way to silencing those who disagree and Houston wants to be a part of this great Hope and Change movement.

Once again, in case you missed my opening thought; I’ll express my gratitude for being retired from the Houston Police Department.